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The temporary worker visa is a short-term visa with a maximum duration of six years. The H-1B visa program is a cornerstone of the U.S. economy, allowing businesses to recruit highly skilled foreign workers for temporary positions. However, navigating the intricacies of the H-1B visa process can be daunting. Our qualified H1B visa lawyers can assist you with your visa application.

To apply for a temporary work visa, the employer must submit a nonimmigrant worker petition to USCIS. The employer must also submit a Labor Condition Application that has been certified by the Department of Labor (“DOL”). Call our Florida-based temporary worker visa attorney for legal assistance on your immigration journey.

One People Law H1B Visa Lawyers

The temporary nonimmigrant worker visa classification is used by workers to sponsor foreign nationals to work in the United States. With extensive knowledge of business operations from its work in commercial transactions, One People Law has the knowledge necessary to help companies apply for temporary work visas for their international employees.

Call our H-1b temporary worker visa attorneys in Florida and schedule a consultation. They will help you understand how to qualify for a temporary work visa classification.

Contact us for more information about the H-1B nonimmigrant visa classification, which is used for permits to sponsor foreign citizens to work in the United States. Learn more about how a foreign worker can qualify for the H-1B classification. Also, learn how an employer obtains a Labor Condition Application (LCA), the H-1B petition process, and how the foreign worker acquires legal H-1B status.

One People Law helps clients obtain temporary work visas and can guide them through the process from a business perspective.

Qualifying for an H-1B Visa: The “Specialty Occupation” Requirement

For a foreign worker to be eligible for an H-1B visa, the position they’ll fill must satisfy the definition of a “speciality occupation.” Here are the four main criteria outlined by the INA:

  • Degree Requirement: The position typically requires a bachelor’s degree or higher for entry-level roles within the specific field.
  • Industry Standard: The degree requirement is prevalent across similar positions within the industry for comparable organizations. Alternatively, the employer can demonstrate the position’s unique complexity, necessitating a degree holder.
  • Employer Requirement: The employer typically mandates a degree or equivalent qualification for the position.
  • Specialized Duties: The duties are so specialized and intricate that the knowledge required to perform them is generally associated with a bachelor’s degree or higher.

Courts find that the criteria listed in 8 C.F.R. § 214.2(h)(4)(iii)(A) ​​are necessary, but not sufficient, to meet the legal and regulatory definition of a speciality occupation. Our temporary worker visa attorney can help you find out if you meet the criteria for a speciality occupation.

The H-1B Visa Application Process: A Two-Step Journey

The H-1B visa application process involves two crucial steps:

  1. Labor Condition Application (LCA):

The employer submits an LCA to the Department of Labor (DOL). This document details the specific working conditions and salary offered for the H-1B position. The DOL certifies the LCA after verifying adherence to labor laws and ensuring the position won’t adversely affect U.S. worker wages and working conditions.

  1. H-1B Petition:

With the certified LCA in hand, the employer files an H-1B petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. The petition includes detailed information about the worker’s qualifications and the job offer.

Employer Responsibilities When Sponsoring H-1B Workers

Employers who sponsor H-1B workers have specific legal obligations:

  • Maintaining Wages: Employers must pay H-1B workers the prevailing wage for the position in the specific geographic area.
  • Working Conditions: H-1B workers must be provided working conditions that meet or exceed those offered to similarly situated U.S. workers.
  • Notice to Workers: Employers are required to notify U.S. workers of the H-1B filing and the implications of hiring a foreign worker.

Exploring Alternatives to the H-1B Visa

While the H-1B visa is a popular option, employers can consider alternatives if the petition is denied:

  • Exchange Visitor Visa: 

This visa is suitable for individuals participating in approved exchange visitor programs.

  • Intracompany Transfer Visa 

This visa facilitates the transfer of employees within a multinational company to a U.S.-affiliated branch.

  • STEM OPT Extension

Foreign graduates with U.S. degrees in science, technology, engineering, or math (STEM) fields can qualify for an optional practical training extension.

  • EB-1/EB-2 Green Card Options

Exceptional foreign workers in specific categories may be eligible for EB-1 or EB-2 green cards, offering permanent residency.

  • Canadian/Mexican Professional Visas (TN)

Under the North American Free Trade Agreement (NAFTA), Canadian and Mexican professionals can qualify for TN visas.

  • Country-Specific Visas

Nationals of Chile, Singapore, or Australia may have access to specific visa programs.

An experienced temporary worker visa attorney at One People Law can help you decide what alternatives might exist if the temporary worker’s petition is denied.

The Importance of Legal Guidance: Consulting Temporary Worker Visa Attorneys

Contact One People Law for more information about temporary work visas. Our attorneys also help employers seeking a nonimmigrant visa sponsor foreign nationals to work in the United States in temporary or seasonal non-agricultural employment.

The complexities of H-1B visa applications and the potential for denials highlight the importance of seeking legal counsel.  Our visa attorneys, with their specialized knowledge of immigration law, can guide businesses and foreign workers through the entire process

Contact us for more information about the H-1B nonimmigrant visa classification and fulfill your dream of working in the US.

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